This Liability Waiver (“Agreement”) is entered into as of 03/14/24, by and between Summit Physio & Performance, LLC, Dr. Tessa Kothe, PT, DPT and Dr. Catherine Cui, PT, DPT, a licensed Physical Therapist, hereinafter referred to as “Therapist”, and the undersigned, hereinafter referred to as “Participant”.
1. SERVICES: The Participant acknowledges that they are voluntarily participating in mobility, strength, and prevention and wellness services that do not constitute medical care or a formal physical therapy evaluation or treatment provided by the Therapist.
2. ASSUMPTION OF RISK: Participant understands and acknowledges that the Services, have certain inherent risks, including, but not limited to, bodily injury, damage, or other complications. Participant acknowledges that they are voluntarily participating in the wellness services with knowledge of the risks involved and hereby agree to accept any and all inherent risks of property damage, bodily injury, or death.
3. WAIVER AND RELEASE: Participant, for himself/herself, his/her heirs, next of kin, personal representatives, and assigns, hereby release, waive, and discharge the Therapist, his/her affiliates, employees, and agents from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by Participant or any of the property belonging to Participant, while participating in the Services.
4. INDEMNIFICATION: Participant agrees to indemnify and hold harmless the Therapist from and against any and all losses, liabilities, claims, obligations, costs, damages, and/or expenses whatsoever paid, incurred and/or suffered by the Therapist which include, but are not limited to, any and all attorneys’ fees, costs, damages, and/or judgments the Therapist incurs in the event that Participant causes any injury, damage, and/or harm to the Therapist and/or any other party or parties involved with the Services.
5. PHYSICAL CONDITION AND INSURANCE: Participant declares to have suitable physical condition to participate in the Services and, to the extent Participant deems advisable, has consulted with his/her physician. Participant has adequate health insurance to cover any injury or damages that Participant may suffer, or alternatively, Participant agrees to bear the costs of such injury or damage.
6. CONSENT TO TREATMENT: Participant hereby provides consent to the Therapist to carry out the Services.
7. GOVERNING LAW: This Agreement shall be governed by and construed under the laws of Colorado, USA.
8. PHOTOS/VIDEOS: I authorize the Summit Physio & Performance, LLC and its associated health professionals to collect and publish photos and/or videos of Services. These photos/videos would be used for promotional and informational marketing material.
Participant acknowledges that he/she has read and understands this Agreement, that Participant has had the opportunity to review this Agreement with legal counsel, and agree to all its terms and conditions.